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S T A. T E JVr E ^^ ^P 




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BENJAMWM H. MACE, 



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SOLDlEIfS" CLAIMS, 



ANI> 



iriK ACTION OF Kl?Gfc:iS'K llALK. M. C, IN lii^^fl.ATCON 

TinaiKTO. 

I 



• ♦^■^* • 



SECOND EDITION, WITH SUPPLEMENT. 

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B A N CJ O B : 

piu><tt-:ti \r lUT^ nvu,v commkkciai. okkick, 






Gift. 

JUfI 2., H' 



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4* 

V 

<!^' STATEMENT OF IJENJAMJiN H. MACE. 



7b the /Soldiers heliceeu Eastport and Castdm, who served in the War 
of 1812, their loidow.'i and heirs : * 

III the winter of 1863-4, my attention was called to the service of the 
militia in the above war, witli a view to establish theii- claims to Bounty 
Land. I soon discovered that some of the best Claim Agents in New 
England, such asD. Y.. Chenny Esq. of Orange, Mass., Col. JamesDunham of 
Orland, Me., and C. F. Brown Esq., ol Bangor, ]\re., had made the attempt, ' 
and failed, on account ot lack of record evidence iipon which the Bounty 
Land and Pensioii Laws rest. It was well understood thnt, on account 
of these failures, the soldiers had but little or no faith in the success of 
their clauns, and they Avere not willing themselves to be at the least ex- 
pense and risk. The mnderstanding was that, if I did not succeed, I was 
to have nothing lor ]ny lai-bor and disbursements in the matter. 

I immediately commenced the Mork, and employed Dr. Joab Ilarri. 
man of liuckpport, by whom my attention was first called to the subject, 
to travel witli his team, au<l look up evidence, and act as magistrate in 
Hancock county. After great expense, and nearly two years of unremit- 
ting labor of Dr. llarriman and inyselt; the claims were, on the lL>t1i of 
July, 1865, percnqitorily i-ejected. 

Previously to this, A. T. C. »odge, Esq., of Wa.shingtun, J^. C, was 
employed, and the matter had tlie benefit of his services. 

As I had expended so much money and labor, Avhich woald be forfeited 
if success was not secured, I renewed my efforts, and cnq.loyed the ser- 
vices of Gen. Charles D. Gilmore, and J. ^\. Brown, Esq., of Washin<>-- 
ton. After more than a year of further labor, the claims Avere again re- 
jected. The more I examined the matter, the more faith I had in the 
justice of tlie claims, and in 18GG, employed Gen. CJiarles Ilandin, a. prac- 
ticing lawyer hi Bangor, to assist me. AVith his aid, I connnenced as it 
were ancAv. A\'e looked up the correspondence which passed between 
the President of the United States, and the Governor of ^Ussachusetts 
at the commencement of the war, and discovtn-ed the General Orders of 
July .'ill, and of August r)th, ISPJ, which grew out of that correspondence. 

By these orders, the militia is called upon to be in "constant readiness 
to march to the defence of any part or parts of the Commonwealth, with- 



niii w:iitiii<4 i"..r iiu-thoi- onlers, in case of actual invasion, or such immi- 
nent tlangor thereof, «> will not admit of delay." 

We took the ground that these General Orders and other records 
furnished, appealing to tlu' di.scrcd-ion of the militia, oj)ened the door to 
parole testimony from the ottieers, •\vho, in the exercise of that discretion, 
had rendered Kervice for their country. ITannihal Ilainlin, who was then 
not a member of Congress, took this view of the matter, and aigued it 
Itefore the Pension Bureau. T will liere say that the assistance Avhich has 
Keen rendered hy.the Ilamlins, has hecn directed merely to the establish- 
ing ol the (4eneral Service, and if there is any faidt in the individual 
claims, or in the settlement of the same, none can attach to them. 

Kven after this additional aid had been secured, the whole matter was 
again rejected, or sus})cnded. 1'hc same eftbrts vrere repeated, and fin- 
ally. .Tulv 10th, 18(77, the basis of the claims was recognized, and a war- 
rant was issued in tlwe name of Capt. John O, TTotchkiss. Evidence was 
then furnished in each claim <>f ('apt. Ilotchkiss' old company, and the 
wairants were soon allowed. 

Nothing could be found by us looking to the service of any other com- 
pany in the 'Jnd IJegiment, than that of Capt. 1 lot cbkiss. It was appar- 
ent that he was the senior Captain in the Ifegiment. and that in case of 
"^invasion f)r imminent danger thereof," all orders from Col. -John Black 
ware issued to him, and he had command of the whole. This was pro\'- 
ed to the satisfaction of 1h(> Department, and the most of iho balance of 
ihe claims having been suspended luitil this mailer was htvesti gated, 
were in 1809 and the early jiarl of 187(1 allowed. 

The expenses of establishing these claims :ind jndcuring tlicse war- 
r:inis were great. The ordinary fee of E.u attorney at Washington, D. C. 
lor services ?/<e>-e lendered. ill i>r()curing a bounty land warrant for IGO 
acres in .an ordinary case, where the records had l)ccn rcluiiuil to the 
]»roper Department, was tir, iih/-jirr JoJhi,-!^. This is proved by the de])0- 
sition of James P. Tustin, who was the chief examiner when lliis matter 
was )>resented, ami acted upon a( the IVnsion Ibireau. JNlr. Tustin 
liirther savs that these claims Avert- miusually diflicidt to jirosecute. Mr. 
Dodge, the attorney in these claims at Washington, also totifies that the 
let! of an altornev there for ser\ices i-cn<h'n<l :it the Depart iiient in ve\) 
ordinary ease is twenty-livtr dollars. 

.\ller reea|iitulating the e\t raordinary dilliculties attending these cases' 
he »av» thai lii« services in one of these <'ase<, were \vorth, at least, three 
fi/nfisna nmch :is in an ordinary case, .and that //'' fits /n hnve what his 
tin'vices imre irnrlh. 

Dr. Joab Harriman tesiiii. v iliat liis >er\ic( - and e\j>eiises in each ease, 
. \ i-ragcd^/'it'c^' if»l/<n:>t mid thai he iran to have what his se'nneesiriere inoi'th. 



5 



Geu. Charles llarulin tetstities that he wiis to receive one thouscmd dol- 
lars on the allowance of the claim ot Capt. Ilotchkiss, and twenty per 
cent, of the value of all the other warrants issued. These depositions 
are on the files ot the Supreme Court at Ellsworth. 

In order to proximate to wliat should be paid to me for my own personal 
services and risk in each case aside from all other expenses, I would call 
attention to the tact, that the Judge of Probate for Hancock county in 
the Joann Somes warrant, one of this class, allowed me /ifti/ dollars- 
The Probate Records show this. Shouhl any of these items, to any 
reasonable man appear too large, let him reduce them to m hat he may re 
gard as the reasonable figures, and then to their sum add the amount 
paid to each claimant on settlement, and say whether or not, enough 
was paid. 

These years of labor and expense, were absolutely necessary in order 
to succeed. If I did not succeed, the clahnaiits were to pay nothing. 
The risk was mine. Had I stopped at any time when the claims were re- 
jected, I should have lost all, and the claims never woidd have been es- 
tablished. I should have stopped ; but I did net foresee the persecution 
which igpornncc Mud cu])idity, goa<]e<' on by nialice, were about to wage 
upon me. 

That the full extent of Hh. labor ini'i "xpcaisc may be seen, and the 
magnitude of the matter <-o!i)prehendiMl. \ call attention to the deposi- 
tions of C. P. Brown, D. V.. ("I)eany am! ♦'cn. Charle»i Hamlin, as well as 
to those of Mr. Tustin and Mr. ]:)odge, <>;, the.files of the Court :it Ells, 
worth, also to the testinio.iy .>i" Dr. Hani.jnan and myself. It will be 
seen that there are two di\ Lsions of labor ..nd expense ; one in establish- 
ino- the general service, an.i one in procui-ing each warrant after the gen- 
eral seiwice was established. In order 1.. come at the precise sum for 
each one to pay, it is necessary to wait umII all the warrants are issued, 
that^the expense for establishing the general service may be apportioned 
between them. Where we could not agree upon any settlement as the 
warrants were issued, the claimants were advised to wait for that purpose. 

This course is approved by the Judge of the Supreme Judicial (Jourt 
before whom one of these cases has been tried at Ellsworth, ami the 
Judge ruled that I had a lien upon ©ach warrant as perfect as the lieu of 
a mortgagee until all were issued, that all the expenses might be ascer- 
taiiied in each case and paid. 

In the most of these cases, however, the claimants were v,-illing to set- 
tle as they did. They did not call for the jjrecise value of the warrant' 
or for the items of expense in procuring it, and never oftered to pay or 
tender one doll.ar as fees and expenses. 'I'hey were satisfied until they 



wi-re stirro"! uj) bv ihile it Kmcry, nttorueys :it Kllswortli, Mid tlieir 
inyriniclon.N, to briug suits :i<vainst inc. 

The wholo matter w:is' oxi)laincd to the.->t' attonievs bv Gen. (Jharles 
ll.unlin antl myself, befnro tliey began to bring suits, and tbey Avcro solici- 
ted, if tbey vould nut agree witli mc, to bring but one or a few suits and 
test the mattor as there wan»but one principle involved in all the settle- 
ments. I>ul udI Their object was to prejiuliee the body of the county, 
.and make it impossible for me to have an unprejudiced jury, and a fair 
trial. They declared to C P. Brown, Es(i., of IJangor, that it Avould be 
of no 1183 for me to go before a Ilancoclc Jury, no matter what my de- 
lense might be I To make this prediction true, they stirred up eighty 
suits against mc in all parts of tlve county. I i;sc the M'ords "stirred u])' 
in the techincal sense, as barratry at common law, and under tlie statutes 
of tliis Stiite. As proot of tliis, I here give extracts from the s\^*orn 
depositions c>f over forty of those plaintiifs. 

1) E POSITIONS. 

Extract from deposition of }\'ii). Bunker, of Gouldsboroxfj/i. '"Walter McCiatc. of 
SuUivau, lirst proposed it. [Suit against 15. H. Mace. ] I had a letter from Hale &■ 
Kniory, advising mo to prosecute, and put it into their hands. 

Exlractfroia deposition of Wm. As/i, of GouldsboroiujJi. "3Ir. Walter B. McCrate 
was getting names of persons here, for some lawyer, or lawyers, in Ellsworth. He 
took my name. Wm. Bunker's, and 1 believe one inore. He gave my name in toG. 
P. Duttou." ^ 

Estraiit from depOHition of Waited B. McCrate. of BuUivan. "So far as 1 un- 
derstood about the cost,s, as they took the risks of the suit \\\to\\ themselves, they 
were, in case they recovered itnything. to pay Mr. Bunker what they pleased, and 
so far as 1 know, that is the customary ^vay ot [Messrs. Hale i^l- Emery, in cases 
similar to this of Mr. Bunker. 1 only know for certain of this in Mr. Bunker's 
case." 

Kxtrurt from deposition of Tliomas IT. MeFarhmd, of Jhii,<ocl: '"Either ISlr. 
J lale, or Mr. Emery, told me, at the time 1 left the case with them, that there 
would be no costs* for mc to pay, if they did not recover anything, 'fhey took it 
«)u their own risk. If they collected nothing, they were to have nothing ; but if 
tliey collected anything, I suppose they were to have what portion tbey pleased 
of it" 

Exlrart from ilcpoxitiim of X((t/iaH While, (f Sullirun. ''I cannot say that I have 
any suit in the Supreme .Judicial Court, at Ellsworth, against B. JI. Mace, but sup- 
pose there may be." 

Kxtrnrt from deposilii,,i of Cto. drorer, if (U»ddsl„ir(>ii(//i. '•[ had heard of let- 
tci-s heiinj received from Mr. ilalc, to other j)arfics here, and tliou 1 wrote to him, 
(Mr. JIale), or rather Dr. I'cndloton did for me." 

F.xtrart frtoii deposition <f itoUrrt .\axOH. (f llriircr. "Ihth' A- liiuery i)rocured 
the suit to be brought: Iliad nothing to do with it. They carry it on on their 
own a((ount. without co.st.s to me. If they get nothing oiit of Atacc. I am to pay 
Motliing; if they got anytliiug out of Mace, I am to have part of tiic money." 

F.xtroi I from drpoxilion of Win. Xoyrin, (f F.ilin. "Messrs. Hale iV Emery iiisti- 
tuted the suit ag;iinst B. H. iMacc. They sent me word they would obtain more 
momy for my wiuraiit than Mr. .Mace hail given me, as ho had dofrauded me, and 
they would deal with mc as tiu'v <iiil witli others in like circumstances. Halo A- 
Kmery exi>ccted Wmv would sctllt! the matter without going to law. and thatMaco 
ha<l offered to settle it, but they could not agree on account of Hale «fc Emory's 
fcfs, and were split up in the matter. Wiien 1 received Halo it Emery's letter, I 
nLvlo no roplv to it. 1 have done nothing, myself, in relation to the suit now 
IK-nding. I did not procure the suit to be lirouglit. I have an interest in the siut, 



;uul if anything is obtained ul' Mace. 1 j^et a ])art of it. Halo & Emery carry on 
Ik! snit at their uwn expense." 

Kctnirtfroin (Ifpoxltion of Joacph llcan, i>j SulUxiia. '"I do not know tluit any 
suit is pending;-, in my name, in tho ."Supreme Jndicial Court, at Ellsworth, again.st 
15. H. Mace, of Bangor." 

Extract from deposition of llachel I'olti-c, of Hallirun.- "'1 have no snit at law 
pending in the .Sujiremc .Judii-ial Court, at Ellsworth, in my name, against IJ. }\. 
Mace, of Bangor. 1 ncivor authorised any one to bring any suit against J), n. 
Mace, in my name." 

Ej-ira-:t front dcpositio)i of Fro.ncit< 'J'aft, of (ioukhboroiu/h. "1 have commence^l 
no suit against 3Ir. B. 11. Mace, mj-self, and cannot say that I know that there is 
one licnding.'" 

Extractfrom deposition (f Maryurcl llJ'jiji.is, of Eden. "I don't know of any 
suit now pending in the .Supreme Judicial Court, myself, against B. II. Mace. 1 
never gave my consent. ?\o one asked mc to institute a suit." 

Extra''tfroiii deposition of Kaziah Majjo, of Eden. 'Vl have no suit pending in 
KUswortli, or any other place, myself vs. B. H. Mace. If there is any suit, it is 
without my knowledge or consent, and 1 wish it stopped." 

Extract from deposition of Soru/i C. Petlce, of SvlUvan. '"I did not commence a 
lawsuit rigainst Benjamin 11. Mace, of IJangor. I knew afterwards, through Mr. 
JIarriraan, that such a suit was commencetl." 

Extractfrom deposition of Elizabeth Hamlin, of (Tovldshoroni/li. Eourtii interrog- 
atory: "'Do you know that there is now pending in the .Supremo .ludicial Court, 
at Ellsworth, a suit in your name against Benjamin II. Mace, of Bangor. Aus. : 
■• I do not know anything about it." 

Extract fr(»n. deposition of Lveij Chase, of Ellsvortli '"I never authorized any 
suit at law to be brought, in my "name, or that of any per.son, for my benefit. 
against Benjamin H. Mace, of Bangor, and was not aware that any suit was in 
ourt." 

E.vtraHfrom deposition oj Joseph 3[. Iteax. of Siitllran. "I had a letter from 
(fCO. A. Dyer, of Ellsworth, stating that he had the names of his uncle and Mr. 
(iibbs; that he was going to make an eftbrt to obtain more money for them, for 
their land-warrants," and if I wished him to, he would enter my name with the 
rest, and try to get more for me." 

Statement of Si/kanus Gibbs, of Sullivan. " I did not direct any suit to be brought 
against B. H. yikce. on account of bounty land matters." 

Statement of Geo.' Gibbs, of Sullivan. "I have never directed any one to leave ajiy 
case against B. II. Mace, with Messrs. Hale >S: J:mery, or any other attorneys." 

Extract from deposition of IDildah Buckle)/, of SuUican. "I have a suit now 
pending in tho Supreme .ludicial Court, at Ellsworth. I know it is so becajuse 
lawyer Button wrote me he had brouglit one in my name, and that he had brought 
twelve cases of tho same kind." 

Extractfrom deposition of Clarissa Bean, of SuUican. "There is, I have heard, 
a suit now pending in the Supreme Judicial Court, at Ellsworth, in my name, 
.against B.H. Mace, of Bangor. I suppose Mr. Button carries it on at his own risk. 
1 was to pay nothing unless Mr. Button shouhl recover something in my favor, and 
if he did, he was to have a part of it." 

Extract from deposition of Charles Bonzejf, of Ellsworth. '* There is, I expect, a 
suit now pending in the Supreme Judicial Court, at Ellsworth, in my name, against 
B. H. Mace of Bangor. I talked with CJco. P. Button, a lawyer of Ellsworth, and 
he agreed to carry on the case for me, and asked nothing of me for his services, 
unless he recovered something."" 

Extract from deposition of Joseph Moore, of Trenwnt. ''I have not authorized any 
one to commence a suit, myself against B. H. :Mace. on account of said warrant, 
or any matter growing out of the same. I had a letter from Geo. V. Button, tell- 
ing me he had commenced several suits against 3Ir. Mace, which he thought Mace 
would settle, and he wanted to work for nie, for he thought Mace would settle, and 
pay something." 

Extrart from deposition of Manjaret Moore, of Tremont. ''George P. Button, 
procured the suit to be brought, and is to get his pay out of it without calling on 
me for any money, and if he gets anything he is to get his pay out of the siut it- 
self. I have done nothing about the suit, and never shall. Button agrees to carry 
it on on his own account, as I have letters to show, marked A and B. A dated 
.June IT, 1870, and B dated July 2, 1870. I have no interest whatever in the suit, 
nor do 1 wish to have any."' 



8 



Extract from d(i)osition of Nallmu Hintr;/, <f KllsworUi. 'Tlieie is a Kuil now 
pcndintJ in tlie Supreme Judioial rourt, at Ellsworth, in my name, against said 
Mace. Mr. Geo. 1'. Dutton advised mo lo bring said suit. 1 saw Mr. Emery lirst. 
of the firn of Emery & Hale; then Dutton wanted me to let him, (Dutton) biin^ 
the suit, and I did. I have no interest in the suit. If Dutton gets anything from 
Mace, I am to divide with him. If lie gets nothing, I am not to pay any cost." 

Extract from deposition <f Win. Mvnit. if KlIs:n'ort//. "There is a suit now peiul- 
ing in the Supreme Judicial Court, at Ellsworth, in my name against B. H. Mace. 
Mr. Geo. P. Dutton lirst proposed to nie to bring said suit. He wrote me a lettei . 
asking me to come to see him at his oflioc. I did not intend to sue Mr. Mace, until 
I went to see Mr. Dutton, in answer to his letter. I have done nothing about the 
suit. 1 did not procure it to be ))roui:ht. Dutton brought it, I say, on his owi« 
reponsibility.'' 

Statement of Anna Moon. "I have never directed any suit to be brought against 
B. n. Mace, by Messrs. Kale it Emery, or any other attorneys.'" 

Statrutcnt of Ann Guptil, of ('herriifiehl. "1 have not yet obtained a bounty land 
warrant. I have never directed suit to be Inought against B. H. Mace, of Bango* . 
on account of the Bounty Land mattt'r."' 

Statement of Elixha Younrj. ''I have this day, ,lan. 20th, 1871, for the iii-st tinu'. 
heard that theie is a suit in the Sujiremc Judicial Court, at Ellsworth, mvself v.>-. 
B. II. Mace." This suit had been brought by Hale & Emery, April Term, 1870. 

Extract from deposition of Etitnhetli Afooi'e, of EUstrorth. "1 am not aware of any 
Kuit being pending in my name, in the Supreme Judicial Court in Ellsworth, 
against B. II. Mace, of Bangor, and 1 did not direct any to be brought, but my son 
Edward may have. I have had some talk with A. F. Burnham, Efn\., of Ellsworth, 
about it, and he was to carry on the suit at his own account and risk, if any was 
brought. 1 have done nothing of myself, about said suit. Whatever has been 
<lone must have been done by my son and JIi-. A. F. Burnham, 

Extract from deposition of liciijofidn Wtlch, of Snllican 1 never authorized any 
one to bring any suit against any person, in my name, for anything lelating to the 
matter, (Bounty Land) nor did I ever expect to receive anything more for thewai- 
rant, and if my name is used by any one, in any suit against Mr. Mace, or anyoni- 
else, it is forged. I received four letters from Geo. A. Dyer, and Geo. I', Dutton. 
of Ellsworth, urging the bringing of a suit against B. II. Mace, of Bangor, for me, in 
order to obtain more money for the wunant, and threw them in the lire, and took 
no notice of them. 

Iteposition of Ennire Yovnij. [. lamicc Young, ol Surry, in the County of Haii- 
< ock, and State of Maine, of lawful age, on oath, depose, testify and say, that laau 
Kcvcnty-eight years ot age, that I re.«iide in Surry. I am widow of John i'oung. I 
liavc no suit in the Suj)reme .Judicial Court at Ellsworth, against Benjamin II. 
.Mace, of Bangor, and I never authorized any one lo bring any suit in my name 
iigainst Mr. Mace, or any one else. If any one has brought any such suit, it is 
without my autlioiity. and I shall not ])rosecutc any such suit. Some years ago. 
1 made an application before Mr. llarrinian for Bounty Land Warrant. There 
was at that time no agreement made with any one :is to the sale of the warrant, if 
one w;is procured. 1 tlid not i)ay anything, or offer to jiay anything, and was not 
to pay anvlliing, unless my a])plication was surccssful. About a year ago last .suni- 
•ner, Mr. llnrriman brought the land warrant lo me; I assigned it, and received 
niy jj.'iy for it, and w:ls, and am now. satislied with the .settlement, lie did not 
ugrei! to pay anything more. If any Jawver has brought .1 suit in my name, he 
b:Ls ilone it by his own authority, and at his own expense; as for me. I Jiever 
fiiought of such a thing. |signed,) 

F'rNicK Yoi NO. 

KrtruclfxomdepoHitioaof Kli:.(d)rl/i I'ettee, of Sidlican. ''Mr. Smith Bean told 
iiie Mr. Hale told him that there would be no expense to me in carrying on the 
huit, unlcRs he recovered sonu-thing from .Mr. Mace. Messrs. Hale tt Emerj', of 
KllHworth, arc my attorneys in Ibis case.'" 

Kxtrarf from depoKilionof llrtsit/ liml. •■'I'jiere is a suit i>ending in the Su- 
preme Judicial Court — myself against B. H. Mace— at Ellsworth. 1 had nothing 
to do with bringing s.iid suit. I did not jirocure it to be brought. I do not know 
what lawyer is iinployed in the suit, or who made the writ. If he gets anything 
out f)f it, he is to have it. I am to have? no jtartof it. I have no interest in it 
whatever. I did not know anything ;ibonl Mr. Mace at the time I assigned the 
warrant. "' 



9 



Exti-act/i-out dcponUUm of Asa WhlU. '•'J'lic first of my briui^ing tlie suit was 
by Mr. Geo. A. Dyer being here, and collecting naincs of parties here, and eairy- 
ing- them into Halo & Emery, of Ellsworth." 

Affixed to this deposition is a printed circular, dated March 24th. IsTO. and 
signed by Halo &. Emery, notifying the plaintiff that they ha^l brought a suit for 
him, and directing him not to settle without their fees arc paid, a copy of which 
circular will be given in this article. 

.Extract from depositioH of Fclcr/ St<tiwood. "1 sujjpose there is a suit now 
pending in the Supreme Judicial Court in my name. Jleft the matter with Mr. 
Emery to do with as he pleased. Mr. Emery carries on the suit at his own ex- 
pense, and is to have nothing for his services, unless lie recovers something f or 
me — he said he would not be hard with me."" 

Deposition of Mnry S. Tracy. ''There is, I supi)ose, a suit pending in my name 
againstB. H. Mace, and the same {spending in Supreme Judicial Court at EUs- 
Avorth. Mr. Curtis Stevens carried in my name to Hale &- Emery. I first had a 
letter from Hale ct Emery, and they stated to me in the letter that they would 
obtain more money, and they thought they could get money for me. Letter of 
Hale & Emery dated in March of 1870, I think. Halo & Emery carry on the suit, 
and I do not know what they are going to do with it I have done nothing more 
than to send my name in. 1 have made ]io agreement with any person in regard 
to costs." 

Deposition of Noah Young. "There is a suit, in my name, against B. H. Mace' 
now pending in Supreme Judicial Court, at Ellsworth, and it w'as sent to us from 
Mr. Hale of Ellsworth, that there was more money for us. Mr. Hale wrote t<» 
Capt. Deasy, and Capt. Deasy spoke to me about bringing suit for me. We paid 
live dollars, but they said we would get hfty or sixty dollars. If I get beaten in 
this law suit I am to pay nothing. Mr. Hale is to i>ay all the costs and expenses, 
by the arrangement made with me." 

Deposition of Klislia Young. "I understand there is now an action pending if 
the Supreme .Judicial Court, at Elisworth, myself vs. B. H. Mace. I gave no one 
orders to commence the action. I did not procure the action to be commenced, if 
there is one pending. I received a letter of Mr. Emery, of the firm of Hale it 
Emery, who wished me not to settle with >tr. Mace, for he couid get more than he 
thought Mr. Mace would pay me. Hale & Emery, of Ellsworth, carry on the suit 
and 1 understand I am not to pay anything for their services, unless they recover 
of Mr. Mace. I have doue nothing myself towards carrying on this suit." 

Deposition of Daniel Young. ''There is a lawsuit pending. I do not know 
against whom, and do not know by whoso order it was brought. I do not know 
who first proposed bringinj^ the suit. I have not as yet employed any lawyer or 
attorney, i do not know that I have any interest in the suit at Ellsworth : do 
not know anything about it. I never authorized any one to sue it, Mr. Hale, or 
any one else, and 1 shall not carry it forward, and never authorized it to be 
brought. I never talked with Mr. Mace, and don't know him; never saw him. 
When I received my money, nothing said about the value of the land warrant. It 
was spoken of, and I expected to receive a pension (if the law i)assed), by estab- 
lishing my claim to a Land Warrant. 1 paid nothing, and oft'ered to pay nothing, 
for my Land Warrant, or for services and expenses in procuring the same." 

Deposition of Lgdia liichford. "I suppose there is a suit now pending in the 
S, J. Court at Ellsworth, myself vs. B. II. Mace. The first I knew oJ' any suit, a 
letter came from Hale & Emery. They wrote to me, and the letter was brought 
by Mr. Curtis Stevens, that they would obtain more money for me, if I woidd send 
them my name — all he wanted was my n:nnc on a piece of paper, and Mr. Curtis 
Stevens wrote my name on a piece of paper, as I suppose. Hale & Emery first 
proposed the suit. I have done nothing aliout the suit. Hale A- Emery carry it 
on, and they know I cannot pay anything. They i)rocured the suit to be brought 
through a Mr. Curtis Stevens." 

Extract ffoin deposition of Daniel Deasiij, ill suit Noah Young vs. 7>. II. Mac( . 
"I stated (to Hale & Emery) that these people are very poor, and unable to i)ro8e- 
cute a law suit, and asked what was to be done. They wrote me, sending agree- 
ments for parties to sign, and saying, under the circumstances, they would prose- 
cute the claims, for five dollars each, and that would he all they would ask. Dan- 
iel Young, Noah Young, Joel Young, Charles Stevens, and Mrs. L. Noonan, gave 
me five dollars each to send to Hale »fc Emery, and I did so." 

DeposiVwn of Thomas Simrling. "I suppose there is a suit pending in my name 
against Mace; at any rate, my brother and myself put the matter into Curtis Ste- 



10 



vens' haiuls. btcvens said : "1 will i,'ct it ibr three dollars, and if 1 da not get it, 1 
will not K^t anythinjx— I will cliar^H' notliin},',' and 1 a<,'reed with Stvcns that I was 
to i)av nothing if I f,'ot nothing;. The snit is rarried on by Emery Ar Stevens, as 1 
understand the matter, and at their oxjiense. 1 have no interest in this suit, that 
will call for any money from me. and will not pay anything, and don't expect to 
i^et anything." 

It was necessary ll(|l laic ifc KiiuTV to inlonii these clieiitH oi" what 

they liarl done, and ndvise them not to settle without their (Tlalc & Km- I 

ery'.s) hills were ])aid. ilencc .i printed circular, signed by Hale & Km- ; 

cry, was sent to these clients. Of tliis tlie following is a coj>y: . 

ELi.swoiiTn, Marcli 24. ISTO. i 
We liave lommenced a suit against r*Ir. IJenj. II. Mace, to recover from him the | 
value of your Land Warrant, which he and Dr. llarriman unjustly got from you. , 
They will try to settle with you without giving you any chance to .see us, .-iud will 
try to frighten or coax you into a settlement for ?, very small sviin. Don't be | 
frightened by them, anil be sure you don't take any money. (?r in any way settle 
without consulting us, they will keep clear of us, and will try to keep you from 
us. Itemomber, we have incurred expense on your account, and have spent con- 
siderable time in your case- You must not settle without they pay us our bill, so 
you can have something over and above the expense. Please notify us the mo- 
ment they call on you, and in every case tell them to call on us to settle. We can 
get better terms from them than you can. 

Yours truly, " Ualk & E.Mi;iiv. Attoriieys .at Law. 

These deposiiions .show that these atturncy.s got, with which to start, as j 
much as they could of the money that had been ]>aid over to these claim- 
ants. J^h'c ilvUarn were to be all they would i-ecjuire of each for bring- j 
ing and prosecuting the snit ; but some of these ohl people, .-is soon 
.as thev discovered that Hale tfc Emerv wore gettino- them into the 
meshes ot the law, sent to them, j)eremptorily withdrawing their cases. 
Among these were l)a\ itl Allen, Samuel Tracy, and Enoch New iiiaii, <.f 
Gouldsborf*'. This w.isbefore any writ had been made out, or even a ! 
letter written to me \\\ these cases. Tiiey at once ntade out bills against j 
each of those old people Ibr whom they have so much sympathy, charg- j 
inir tliem ten ffolloif each, for /mrhi;/ (fo/ie imt/iuif/ f D.avid Allen an<l ; 
Enoch Newman ha\ e paid. [ do not know whether I lie othcis have or I 
not, or whether Il.ale A- Emery have brought suits against tlu-m to re- ' 
rover it. This is a copy «»f Enoch Xcwinan's receiiit : '< 

l.STo. ^Ii!. E.Nocn .\kwm.\.\ to Uai.k & Esiian, Attorueys. Dr. 

I'«'b. II. For legal retainer and .servJco in case c. 11. II. Mace. Case settled 

by vou. -" * 10.00 

deceived payment, llAr.i: A Emkuv. 

Uy Curtis .Stcvem.. j 

h'ive d(»ll;irs weri* all tlie\ wen- to jia\i' of the [.laiiilifl" I'oi' bringing 
and ciuiducting the suit; but if he back«;d out, and they were not |)eruiit- 
ted to bring the suit, he must pay fr/i tfotlars Is not this :•. mixture j 
of cil|»idity and malice":' ft is the malice of Hale, and the cupidity of ! 
Emery. ''7'ar nohilc Jratrinn." One i.i tlie rej)udiatcd ('oimty Attor- 
ney, of Hancock Count}, .and the other will sooti be the repudiated i 
Member of Congress, for the Fit\li nistrict. i 



11 



In thi: winter of 187.1, luur Justices of the Peace, fur I laiicock County, 
visited these Plaintiffs, imt them under oath, ;iiid took their depositions 
in their own cases. Each -Iiistice afterwards wrote a letter to the CJoni- 
inissioner of Pensions. 

I here imhlisli tlicsc IctKrs, witli oiiv from mv coun^fl, Anio VV'iswell, 
Ks(i.: • 

f. K ^r T K il S . 

Ba_nooi:, Juno 1;:, 1871. 
(Jen. J. H. Bakkk, Coiumissioner of I'ensions, Wa.shinii,ton. D. 0. 

lu this State, those who bring actions at law, :iro allowed to testify in their own 
cases. The defendant, therefore, has a lesial ri^jhtto take the pliintiff's deposition 
Ijefore a magistrate. 1 have acted as Justice of the I'eace in taking the deposi- 
lions of many of those who have brought suits against B. II. Maco, Esq., in 
bounty land matters, and I have read carefully many of the depositions taken be- 
fore other magistrates, in similar cases, and 1 do not hesitate to say that in no 
single instance does one of these plaintiffs implicate Mr. Mace, directly or indi- 
rectly, in any unfair en- fraudulent practices in the matter. 3Iany of them were 
ignorant that any suit had been commenced, and were anxious to release such 
suits, and did release them. Very respectfully-, J. 1). Waisukn, J. T. 

ELLswouTir, June I'i, 1S71. 
(}en. J. H. Bakeu, Commissioners of Pension. Washington, 1). V. 

Sir: In the winter of IcSTI, as a magistrate, I took several depositions in .suits 
of plaintiffs (Bounty Land Claimants) of this countj', against B. H. Mace. ofBan- 
gor. My recollection now is, that in no single instance, was there any evidence of 
fraudulent or false representations used by B. II. Mace in his purchase of land war- 
rants, or claims of those iilaintitfs. Yours, respectfully. Geo. S. PEXEits. 

' Baxgok, June 12, 1871. 
Jlon. JosEPU H. Bakkr, Commissioner of Pensions. 

Dear Sir: I have acted as magistrate in taking depositions of some of the plain- 
tiffs, who have brought suits against B. If. Mace, Estj., on account of his dealings 
with them in the bounty land matter, and I have had other means of learning the 
facts in relation to his treatment of bounty land claimants. In all the depositions 
which I have taken, the plaintiff's exonerate Mr, Mace from all blame. I have read 
the depositions taken by other magistrates, and in no single instance docs one of 
these plaintiff's accuse Mr. Mace, or any one who has dealt with them in the mat- 
ter, of any unfair or fraudulent praetices or statements. In many instances the 
nominal plaintiffs did not know that any suits had been commenced; and upon 
learning the fact, freely and voluntarily released the suit, and recjuested that the 
same be entered neither jiarty. "^'ours resi)ectfully, M. P. Nickeijsox. 

Justice of the Peace for Hancock County. 
Ellhwortu, June 11'. 1S71." 

Sir: In conformity with the law of this State allowing the defendant to take the 
deposition of the plaintiff' before a magistrate, I, as Justice of the Peace, heard 
and wrote down the depositions of several persons, who have brought suits, or in 
whose name suits have been brought against B. IT. Mace, Escj., of Bangor, in 
bounty land matters, and have also read several taken by other magistrates in 
similar cases ; and in no one instance do they implicate Mr. Mace, as using any 
unfair or fraudulent practice towards them. Some of the deponents state that they 
had no knowledge of any suit, others, that they were solicited to l)ring suits, and 
many of them were anxious to, and did release. 

Respectfully, your obedient servant, Amoicy Otis, J. P. 

Gen. J. H. Baker, Com. of I'cnsions, "Woshington. D. C. 

Ei.i.swonrn, June I.-:, 1871. 
Gen. J. H. Bakek, Commissioner, &c., Washington, D. C. 

Sir: As counsel for 15. II. Mace, Esti-, of B.angor, in all the bounty land suits 
brought against him, I attended the taking of the depositions of the plaintiff's in 
this city, and have carefully examined all the depositions taken in those casej>. In 
no instance, to my recollection, is Mr. Mace .accused of any wrontr. I visited six- 
teen of the plaintiff's residing here, for the purpose of taking their depositions. 
Several of them were not aware, luitil informed by me, that any suits had been 



12 



l)ious;ht ill their names, agwinsi Mr. Al;uo: and tliiiUicu out of the sixteen vohm- 
tarily rolo;u>cd their actions against liini. Tlie deposition of every plaintift" in 
these c;iscs, with one exct'ption, uas taken last winter by Messrs. Warren, Nick- 
ei-son, Otis and I'etcrs, as magistrat^^'s. The manner in which these suits were 
hroutjht, is unprecedented in my experience, and I have no hesitation in sayinj; 
that, in my ojiinion, they were connue/iced without cause, an*! that the wliole 
proceeding is a gross outrage on Mr. Mace. A' ery respectfully, 

AltNO WiSWELI.. 

TIr'sc letters not only slio\v I'nir .lenling on my part, Imt tliey are. fur- 
ther and roiiclusive evidence that tliuse attorneys liave earned the appel- 
lation of "shysters,-' wliich has hoen fastened upon them at tlie Hancock 
bar. 

It was the opiinon of Ciener;il 1 lanilin and myself that the procuring oC 
bounty land Avarrants was triHiuL,^ in comparison with the other advantaji,x> 
which would accrue to those soldiers, t heir widows, and heirs, in consequence 
of the establishment of the service upon that basis. 

Tile miJitia was organized, drilhd, provided with ball cartridges, put up- 
«ni a war footing, and ]i(j\i\'in va^ovyc m f iteral obedience to general orders. 
There can be but little doubt that this was actual service, and when wc 
reflect that the general orders also called upon them to march to the de- 
fense of the country, in case of invasion or imminent danger thereof, thai 
iluMc were invasions, and that, the militia actually inarched to the de- 
fence of the country, there can be ii<- duubt that the service was aetwU 
Mcrvice. This gave further cliaracter to the whole. The door being 
open to parole testimony of the ofhcers and soldiers who rendered such 
service, that testimony is as (Conclusive :is any record would have lieeii. 
They have tcstilied that they served from the beginning to the end of the 
war, Ac«-ordingto our theory, IJoiuity-land wanauts having beeniistied 
in su«;h claims, each claimant is also entitled to a jtension, by virtue of 
the bill whidi was then j)ending, and wliich lias since become a law. 
Th^j correctness of this theory is juoNcd by the fact that two of these 
soldiei-s, James Beverly ami Tdcg Stanwootl of Ellsworth, and I*olly 
5niitli, widow of William Smith, Iiavi- :ictnallyi»rocured jiensions, thiough 
tlie ag(!ncy of th<»s(' jiien in ICIIsworlh who nrc :iiding in this crusailc 
against nn-. 

'i'liis was a matter of great iniportance to thosi- claiin.mts. They were 
entitled to eight dolhus per nionfli :is pensiini while living. Kight dol- 
lars per month from the date of the act woidd iiave given to each at this 
tinittover one hundred dollars. I'nder the settlements Avhich ■\^ ere made, 
llu'y liad a right to employ ajiy one they might choose to procure theii' 
pensions. The tees would be merely the ordinary fees for ])rocuring pen- 
Rions. Tiie grcnt labor had been accomplished in thi' establishment of 
the »ei'vi<'e. 



10 



■-) 



Male & Kiijciy being virliiuUy ilete:ileil in their own court by the rul iu«;- 
.)t'the ju%e and f:uhne oftlie jmy to :ii;Tee upon a verdict against me, 
have changed their base to Wasliington, D. V. Hale, as a nieinber of Con- 
gress, lias i.rostituted his position to Ihi- j>urpose. He admitted, last fall 
in open court, that he had defeated llu' allowance of the balance of tlic 
.•laimsto bounty land, and congratulated liiniself on the jjerfonuance. 

After the trial I went to Washington l.v ])Ut through tlie l)alanef oi 
those claims to 1)ounty land and the pensions, the a])plications for whicli 
liadbeen made. I met the active opposition of Eugene Hale; :iud, fear- 
iugthat I might succeed in spite of him, Emery himself went on and had 
ilic ear of the Chief Examiner and theX^'ommissiouer of Pensions. Tlie result 
was the balance of the Avarrants have Jiot been issued, and all the pensions 
were peremptorily rejected. Tt is useless for Hale &■ Emery to deny this. 
The fact cnn be proved by every man then connected with tlie Pension 
lUireau. 

•S'oWte/'.^/ Eugene Hale is now trying for an other term in Congress. 
.Yoniitiate,and elect a (food llepuhllccnt in Ids place. I do not ask jdedo-es 
h-oiiA any man to carrv out my views in relation to your rights. I only 
want a man of ability and honor to take the place of one who is wanting 
in both. Hale hopes to succeed throngli your division, and not through 
hLs own merits. Unite ngainHf him. Jx't him .appeal to what Jie has done 
as a reason why he should be re-elected I Fict him ajtpeal to those with 
whom he hii>i kept faith to re-elect him. and lie will be defeated l)eyoud 
redemption! 

B. If. MACK. 

[SEK SIPI'I.KMKN r o\ NKXT J'AOF-.j 



14 



S U P P ]. K M E X T 



111 their anxiety to accoiii])lisli tlic-ir object, ilalc & Ejikt}-, last winter, 
urged upon the Dejtartment the necessity of an investigation; and this, 
notwitlistaniling Dr. Sparks, while Chief Examiner in the Bounty l^ancl Di- 
vision, liad, in the spring ot 1869, come to Hancock county, and investi- 
gated the matter of service, and the extent of ('apt. Ilotchkiss' command. 
His report was favornhle. It is now on file in the IJounty Land Division. 

In accordance witli Ilalc & Emery's urgent I'equest, the ])cpartment 
has sent one Mr. (4rassie here to make auotlier investigation and another 
report. He has been at EUswortli boarding with Isaac H. Thomas, the 
witness ol* Ilalc «fc Emery, who last fall boasted, on llie witness stand that 
lie got i)Osscssion of one of these warrants, and }»aid me for services and 
disbarsements what he was pleased to iiav, and wouM not <_>:ive ud the 
warrant. It will be recollected that the judge ruled that my lien upon 
oach warrant, Avhere Ave could not agree upon a settlement, was pei-fect. 
until all had been issufd, an<l the disburscmentN and reasonable fees had 
Itcen paid or lendcrcd. Tlu; possession o( this warrant, thereibre, at th.'it 
time, belonged t.<» nic. 

This Thoiuas was n«)t only their witnos, ((f/<'^ si>r/i <(. irttne^s /), but 
during tlu; trial of that case, which lasted sex ( n day-^. lie was persistent 
in liis j'ftbrts to induce lln- tivc Jurymen who lioarded with him to find a 
verdict against me. , I have the aflidavits of -oinc ol' those Aery jurvmen 
i<i this fact. .Mr. Thomas aeeompanieil Mr. (ir:i>;f>ic in part <>f his in 
\ f^ligalions. 

.Mr. (iras<ie :iUo Imd inier\H'Ws with .Mr. (icorge !'. Duttoii. 'fhe e.\- 
1 raels fruin dejiositiniis which I h.Hve given in my statement, siiow the 
po'^itiou of Mr. Dultoii. His; p(jsition is further shown by the pari which 
he took with Hale Si Knwry in the sunnuyr of ls7(l. in their eflorts to ob- 
tain moiic}' Iroiii IMC. 

The deposition of 'M-ncral ii.ainlin. w hirli i- on tlie files of the Su- 
pienje .ludieial ('ourt, at KINworlh, shows tha; Hair tV: Kmery, speakiuii 
f'>r Duttoii, as well :is lor themselves. Informed him, lli.at if I wo\dd j)ay 
over tinr m#)n< y for wliiclj they at tliat time c.alle(|, neither they nor Dutton 
Mi.iild lif'iM^ any ri'>ve >-nits :i<j;ainst me on t'luK >-iibiect .matter. No nnit- 



15 



ter Uow )ii;uiy more might }>c (IcfnuidcJ l>y uu-; if {hoy f/ot the moneys 
it was all thoy wanted. 

Halo it Kmery not only spoke to (reneial llamJin lor Dutton, but they 
speak to Diitton's oases in oourt. Diitton used .Hale & Emery's 
blanks in i;x'ttnig up his cases, and liy [irlnted circulars similar to theirs 
informed his clients of v\diat "k^c" had done in 1)ringing suits, and re- 
quested them not to settle unless "()»?•" bills were paid. It was through 
this J3uttoii and this Thomas that the animosity oC Hale &, Emery was 
conveyed to ]Mr. (nSrassie. Mr. (^rassie, at Ellsworth, refused to receive 
from me the evidence Avhich had been taken by both parties, and upon 
Avhich the whole matter oi" this service, the extent of Capt. Hotchkiss' 
command, iind my treatment of claimants had been investigated befon^ 
the Supreme Judicial Couvt. He also overlooked the investigation ol 
Dr. Sparks, and the General Orders of .Inly 3d and August 5th, 181L'. 
These ordcr.s, as well as tlie report of Dr. Sparks, were on tile in the 
Jiounty Land ])ivisiou at Washington, ami 3Ir. Grassie's attention had 
been especially called to the 'fact by me, and In; was urgently re(piested 
to examine them. TIegardlcss of all this, he has just reported, among 
other things, ((t/ainst the yenend si:Vi:lce^ o.ad the basis of all these 
claims/ 77n's /.s- really the work of Hale cO Turnery. 

It does not iouch nie alone; but directly and indirectly it atlects thou- 
sands who live between Eastport and Castine. Emery may enter suits 
against me without service having been made oi- acknowledged, as he did 
at the A])ril teiin of the court at EUswoi-th, in 1870, and admit the fraud, 
as he did, at the April term of the same court in 1871, with Judge Kent 
upon the bench, and twelve jurymen on the right hand and twelve on the 
left. Eniery &j Hale and Dutton may ojjeu negotiations to compromise 
for money, as the}- ilid in the summer of 187U, and duiing the pendency 
of the negotiations withhold the lists of their cases, in or^er to swell the 
nmnber against me. 

This is a perscjual matter; l)ut a {'rinciplc i-- involved. While such 
•'shysters" are ])ermitted to practice at the ',)Mr, what is my tate to-day 
may to-morrow be yours. Vou are, however, directly interested \u the 
matter of Bounty Land and Pensions, which Hale & Emery, for the time 
being have defeated. The pension money, to which you are justly entitled 
from Feb. 14th, 1871, the date of the pa^<sage of the act, at eigiit dollar.s 
per month to the present time, would have am)unted, exclusive of fees, 
to over one hundred dollars, and co.itinuing at eight dollars per month 
through life, would, in many families, make the difference between want 
an.d comfoT-t. 



1 clialleniie coulrailii'tion oi ;mi\ ^laUMii- 

lall I fxposc"! tbciii ill tlic lli-publit-aii ,Foi "''' "itnillimh 

|.lv. Mr. Sawyer, the editur of- Tl.o Klls«... ^^ 833 



10 ^^^RdRY n 

llu-ni the cQluinns of his ]»aja r. 'I'lu'V dociipcd tlu' coiiii.<, ^ ^ ,Ve, 
tlirouijli Mr. Siiwycr, requested llicm ic aiisu-cr my statement. ITis ));i])er 
h.ts since been ))ublished. and 110 .nii>\\ ( i- a|>j)enrs. 

Jiale is your member of ('(fiii»ri-*». Sucli men are '-maile, not l»orn/' 
Voii have made Hale Avliai ]ie i^. 'riic people of Hancock county liare 
ilre'adv, at the ])oll8, exjiressedlhi-ir opinion of 'L. A. Kmery Von, of 
tjie Fiith District, iclio lii'e lulireeu H^tntport and Oastlne, will this fall 
"\prcss vour opinion of KuijeiH' llalc 

J}, if. MACK. 



